implied acceptance

implied acceptance
An acceptance understood from acts and cirpumstances where not expressly stated. The acceptance of an offer implied from acts or conduct, including performance by the offeree of his undertaking. Cole-McIntyre-Norfleet Co. v Holloway, 141 Tenn 679, 214 SW 817, 7 ALR 1683. Duquesne Lumber Co. v Keystone Mfg. Co. 90 W Va 673, 112 SE 219. An acceptance of an offer of dedication through positive conduct on the part of the authorized public officers evincing their consent on behalf of the public. Blowing Rock v Gregorie, 243 NC 364, 90 SE2d 898; Henry v Ionic Petroleum Co. (Okla) 391 P2d 792. An acceptance of a deed implied where the intention to accept is manifested by conduct such as that of retaining possession of the deed, conveying the property, or otherwise exercising the rights of an owner, provided the grantee had, at the time he acted, knowledge of the conveyance. 23 Am J2d Deeds § 128. The acceptance of a gift operating entirely to the benefit of the donee. 24 Am J1st Gifts § 117. Of a draft or bill of exchange: –an acceptance by the drawee implied from circumstances such as his retention or destruction of the instrument, 11 Am J2d B & N § 509; a concept at variance with the provision of the Uniform Commercial Code that the signed engagement of the acceptor must be written on the bill or draft. 11 Am J2d B & N § 510.

Ballentine's law dictionary. . 1998.

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  • implied acceptance — An undertaking to pay the draft inferred from acts of the drawee of a character which fairly warrant such an inference. In case of a bilateral contract, acceptance of an offer need not be expressed, but may be shown by any words or acts… …   Black's law dictionary

  • implied acceptance — An undertaking to pay the draft inferred from acts of the drawee of a character which fairly warrant such an inference. In case of a bilateral contract, acceptance of an offer need not be expressed, but may be shown by any words or acts… …   Black's law dictionary

  • implied — im·plied /im plīd/ adj: not directly or specifically made known (as in the terms of a contract); specif: recognized (as by a court) as existing by reason of an inference and esp. on legal or equitable grounds for breach of implied covenants in… …   Law dictionary

  • acceptance — I noun accedence, acceptio, accession, accordance, acknowledgment, acquiescence, adoption, agreement, allowance, approbation, approval, assent, assurance, compliance, comprobatio, concordance, consent, endorsement, ratification, receipt,… …   Law dictionary

  • acceptance, implied — n. An agreement that is implied from a person’s words and deeds rather than from explicit acceptance of the offer. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

  • acceptance — [ak sep′təns, əksep′təns] n. 1. an accepting or being accepted 2. approving reception; approval; acceptability 3. belief in; assent 4. a draft or bill of exchange that has been accepted for payment: cf. BANKER S ACCEPTANCE, TRADE ACCEPTANCE 5.… …   English World dictionary

  • Implied warranty — Contract law Part o …   Wikipedia

  • acceptance — The taking and receiving of anything in good part, and as it were a tacit agreement to a preceding act, which might have been defeated or avoided if such acceptance had not been made. The act of a person to whom a thing is offered or tendered by… …   Black's law dictionary

  • acceptance — The taking and receiving of anything in good part, and as it were a tacit agreement to a preceding act, which might have been defeated or avoided if such acceptance had not been made. The act of a person to whom a thing is offered or tendered by… …   Black's law dictionary

  • Implied in fact contract — In United States law, an implied in fact contract (a form of implied contract) is a contract agreed by non verbal conduct, rather than by explicit words. The scotus link defined this in its decision Baltimore Ohio R. Co. v. United States , 261… …   Wikipedia

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